Orissa

Sambalpur

CC/45/2021

Kiran Kumar Nayak - Complainant(s)

Versus

1.The Proprietor, Choudhury Motors, - Opp.Party(s)

03 Jan 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT CASE NO- 45/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Kiran Kumar Nayak,

S/O-Benudhar Nayak,

R/O-At-Khilipadar(Baxma)

Po-Kaxma, Ps-Kuchinda

Dist-Sambalpur, Odisha                               ...………..Complainant

                                                Versus

1. The Proprietor,

Choudhury Motors,

At/Po-Bamara, Ps- Govindpur,

Dist-Sambalpur.

2. The Manufacturer

Hero MOTOCORP LTD.

34, Community Centre, Basant Lok,

Vasant Vihar, New Delhi-110057                   …………...Opp.Parties

Counsels:-

1. For the Complainant        :-          Self
2. For the O.P.s                    :-          Ex-parte

 

Date of Filing:26.08.2021,  Date of Hearing :06.12.2022,  Date of Judgement : 03.01.2023

   Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainant is that the Complaint purchased a HERO SPLENDOR BS-6FI DRS motor cycle having chasis No. MBLJAW177LGH 11905, Engine No. JA07ABLGH13163 for Rs. 67,350/- vide invoice No. 22678CJ20S510 dated 21.10.2020 and financed by Hero Motocorp Finance. On 09.07.2021 in engine of the motor-cycle some problem arose, motor-cycle not started. The matter was reposted to O.P. NO.1, the retailer. The O.P. No.1 suggested to leave the motor-cycle at the show-room for inspection and repairing. After mobile phone contact several times, the O.P. No.1 replied that they are trying to solve the problem inspecting the motor-cycle step by step, some more time is required. Till 30.06.2021 four free services done. Battery was replaced but the motor-cycle was not giving good performance. The motor-cycle is having inherent manufacturing defect for which complainant suffered a lot. On 02.08.2021 the O.P. No.1 conveyed his inability to repair the vehicle. Being aggrieved the complaint was filed.
2. The O.Ps after receipt notice also did not turn up, accordingly set ex-parte.
3. The Complainant filed certificate of enrollment of vehicle No. 20201022894664 of the Hero motorcycle chasis No. MBLJAW177LGH11905. The vehicle was registered on 21.10.2020 by authorized dealer, the O.P. No.1. The insurance coverage is with National Insurance Company Ltd., having certificate No. 39010231206200804228 valid for the period 21.10.2020 to 20.10.2025. Invoice No. 22678CJ20S510 was issued on 21.10.2020 by O.P.No.1 and price of the vehicle is Rs. 67,350/-. The Complainant filed Registration certificate of the vehicle bearing No. OD-15R-4602. No other documents have been filed by the Complainant showing the service of the vehicle. The Complainant alleged that the Battery has been replaced but to that effect no documents have been filed.

Mere filing a complaint without documentary evidence cannot be taken into consideration. The Complainant failed to establish his case. Accordingly, the complaint has no merit and dismissed.

Order pronounced in open court on this 3^rd January 2023.